93 Decision Citation: BVA 93-00970
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-03 506 ) DATE
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THE ISSUE
Entitlement to service connection for an acquired
psychiatric disorder to include dysthymic disorder and
post-traumatic stress disorder.
REPRESENTATION
Appellant represented by: The Disabled American Veterans
ATTORNEY FOR THE BOARD
J. Andrew Ahlberg, Associate Counsel
INTRODUCTION
The veteran had active service from December 1967 to
December 1970.
This case now comes before the Board of Veterans' Appeals
(hereinafter Board) on appeal from a June 1991 rating
decision by the Waco, Texas, Regional Office (hereinafter
RO) which denied service connection for post-traumatic
stress disorder and chronic dysthymic disorder. The notice
of disagreement was received in July 1991. The statement of
the case was issued in August 1991. The substantive appeal
was received in September 1991. The case was received and
docketed at the Board in March 1992 and referred to the
veteran's representative, The Disabled American Veterans, in
the same month. That organization submitted additional
written argument in June 1992.
REMAND
After a careful review of the record, this section of the
Board is of the opinion that further evidentiary development
is required.
The veteran essentially contends that he has post-traumatic
stress disorder associated with his service in Vietnam. A
report from a May 1991 Department of Veterans Affairs
(hereinafter VA) psychiatric examination included the
following diagnosis: "Dysthymic disorder, chronic,
moderately severe. This does not rule out a post-traumatic
stress disorder but may be symptomatic of it." The examiner
noted that the veteran's symptoms were "perhaps more in the
nature of a dysthymic disorder but still combat related and
perhaps we should consider the depression or dysthymia
basically as a symptom of post-traumatic stress disorder."
We are of the opinion that a more firm diagnosis than the
one above is necessary for us to make an equitable decision
in this case. In addition, reference has been made to VA
outpatient therapy but no records of this treatment have
been associated with the claims file.
VA has a duty to assist the veteran in developing pertinent
information relating to his claim pursuant to 38 U.S.C.A. §
5107(a) (West 1991). The United States Court of Veterans
Appeals has determined that the duty to assist includes
obtaining adequate examinations. Littke v. Derwinski, 1
Vet.App. 90 (1990). The VA treatment records referred to
above, if they exist, would certainly be "pertinent" in that
they could provide a more complete picture of the current
severity of the veteran's psychiatric disorder. We also are
of the opinion that further development in regard to
stressors is necessary. Therefore, this case is REMANDED
for the following development:
1. The RO should conduct the necessary
development to obtain copies of all
records of treatment provided by the
mental hygiene clinic at the Bonham VA
medical facility. In this regard, we
note that reference was made to
participation in a "Vietnam Group" and to
treatment by a Dr. Mack. If these
records are available, they should be
associated with the claims file.
2. The RO should ask the veteran to
provide more specific information
regarding the alleged stressors, to
include the dates, the location, the
times and the identities of those
individuals that the appellant witnessed
being killed, if possible. Should
sufficient information be obtained, this
information, along with copies of
veteran's relevant military personnel
records, should be forwarded to the
United States Army and Joint Services
Environmental Support Group (ESG),
Building 247, Stop No. 387, Fort Belvoir,
Virginia 22060 for verification of the
alleged stressors. We note that evidence
of record indicated the veteran was
attached to Company B of the 9th Supply
and Transport Batallion while in Vietnam.
3. The veteran should be afforded a VA
psychiatric examination by a board of two
examiners in order to determine what, if
any, acquired psychiatric disorders may
be present. If the examiner believes
that post-traumatic stress disorder is
present, the examiner should identify the
stressors that caused this disorder and
specify the symptoms diagnostic of this
disorder. The claims folder must be made
available for review prior to the
examination.
When the requested development is completed, the case should
be reviewed by the RO. If the claim for service connection
is not granted, the veteran and his representative should be
furnished a supplemental statement of the case and afforded
a reasonable time to reply. Thereafter, the case should be
returned to the Board for further appellate consideration.
No action is required of the veteran until he receives
further notice.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
(Member Temporarily Absent) H. STERLING, M.D.
HOLLY E. MOEHLMANN
(CONTINUED ON NEXT PAGE)
*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United
States Court of Veterans Appeals. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.